Sant Lal Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40878 of 2021 Arising Out of PS. Case No.-183 Year-2021 Thana- SUPAUL District- Supaul ====================================================== SANT LAL YADAV S/O ANMOL YADAV R/O VILLAGE-TENGRAHA, TOLA- MANGROUN, P.S.-BHEJA, DISTRICT- MADHUBANI ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ranjit Jha, Advocate For the Opposite Party/s :

Mr. Humayou Ahmad Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 07-01-2022 Heard the parties through video conferencing. Heard learned counsel appearing on behalf of the petitioner and learned APP for the State.

Let the defect(s) be removed within two weeks of the complete start of the physical Court in normal course. The petitioner, who is in custody since 01.04.2021, seeks bail in connection with Supaul P.S. Case No. 183 of 2021 corresponding to GR No. 471 of 2021, for the offence punishable under Section 392 of the Indian Penal Code. The case of prosecution in brief is that a motorcycle bearing registration no.BR-50R - 6797 Engine No. JA07ACZGG02604, Chechis No. MBLJAW-15XLG602577 was parked near petrol pump at Malhni Supaul, the informant has alleged that three unknown persons looted the said

Patna High Court CR. MISC. No.40878 of 2021(2) dt.07-01-2022 2/3 motorcycle and fled away in the east direction. The FIR has been lodged against three unknown persons who had looted the motorcycle.

Learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent and has clean antecedent and he has been made accused in the present case just on suspicion that the stolen motorcycle was found in front of the house of the petitioner. Petitioner is in custody since 01.04.2021.

Learned counsel appearing on behalf of the State has opposed the prayer for grant of bail.

Considering the aforesaid facts and circumstances of the case, the only allegation made in the FIR against the petitioner is that the stolen motorcycle was found in front of the house of the petitioner, petitioner has clean antecedent and there is no allegation of tampering the evidence or influencing the witness(s), the petitioner above named be released on bail on furnishing bail bond of Rs.25,000( Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Supaul in connection with Supaul P.S. Case No. 183 of 2021 corresponding to GR No. 471 of 2021, subject to the following conditions:-

Patna High Court CR. MISC. No.40878 of 2021(2) dt.07-01-2022 3/3 (i) Bailors should be local having sufficient immovable property within the jurisdiction of the Court concerned.

(ii) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court. (iii) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (iv) If the petitioner is found involved in similar nature of offence, after his release on bail, the trial Court shall take steps to cancel his bail bonds.

(Purnendu Singh, J) brajesh kumar/- U